Georgia Consumer Legal Questions

Self-storage facilities have a lien on the items in storage to insure they get the rent that is due.  If the rent is not paid, Georgia law allows for the sale of the items in storage after public notice.  If you cannot negotiate a settlement with the storage facility, and if the items in storage have significant monetary or personal value, you may want to consider a Chapter 13 bankruptcy case.  In Chapter 13, a plan is set up to deal with virtually all your debts.  In some cases, the plan can provide for payment of the value of the items in storage over time.  If the plan satisfies the requirements of Chapter 13, the storage facility would have to release possession of the property. MORGAN & MORGAN ATTORNEYS AT LAW IS LOCATED IN ATHENS, GEORGIA.  WE HAVE OVER 30 YEARS EXPERIENCE HELPING PEOPLE WITH DEBT PROBLEMS, SOCIAL SECURITY DISABILITY, WORKERS COMPENSATION, SERIOUS INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More

Payday lenders are notoriously agressive in their collection activities.  Because their interest rates are ridiculously high, if you cannot pay off the debt quickly, it soon grows to an unmanageable amount.  Often, the best answer is to look at your bankruptcy options.  Consumer debts like payday loans can usually be completely discharged (wiped out) under either Chapter 7 or Chapter 13 bankruptcy cases. This is important to remember.  It is not a crime to owe money if the debt was incurred in good faith.  You cannot be arrested or imprisoned because you cannot pay an honest debt.  However, the creditor can take many actions to try to collect the debt, including lawsuits and garnishment of wages.  If you are facing these kinds of actions, consult with a qualified bankruptcy attorney to understand your options.  A good bankruptcy attorney will explain your options without charging you for the initial consultation, and without pressuring you to file a case.  The decision to file a bankruptcy case is yours and yours alone. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORKERS COMPENSATION AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read More

In Georgia, small claims are normally handled in the Magistrate's Court for the County where the Defendant resides.  The losing party has a right to appeal to the Superior Court.  If the Plaintiff gets a money judgment in Magistrate's Court and no timely appeal is filed, the Plaintiff can proceed to collect the judgment through various means, including garnishment or levy (seizure and sale of property).  If a judgment has been entered against you and appeal is not a viable alternative, you may want to talk to an experienced bankruptcy attorney to discuss your options. MORGAN & MORGAN IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH FINANCIAL PROBLEMS, SOCIAL SECURITY DISABILITY CLAIMS, AND WORKERS COMPENSATION CLAIMS.  VISIT OUR WEBSITE AT www.morganlawyers.com or call us at (706)548-7070.... Read More

Unfortunately, a lender is not required to accept a voluntary repo.  It can simply ignore the collateral and proceed against you for the underlying debt.  You may want to consider having the vehicle repaired and trying to find a buyer.  If you cannot sell it for what is owed, you will need permission from the bank.  If you have access to a lump sum amount of money, you may be able to negotiate a settlement of the debt for less than the total owed.  Otherwise, you may want to look at your bankruptcy options, particularly if you have other debts that you are having difficulty with. Lee Morgan Morgan & Morgan Athens, GA morgan@morganlawyers.com  ... Read More

Many lenders will allow a verbal loan application initially but then require either an electronic or "wet" signature to verify the accuracy of the information submitted. This is for regulatory reasons in many cases. Even if you could do a work around for the application, the borrower would have to evidence his or her intent to pay the loan, and it is reasonable for the lender to require some type of signature as it will need that to take to court if the borrower defaults. As specific power of attorney should be a fix to this challenge.... Read More

The reality is that your loan can be sold and you're then liable to pay the purchaser of the  loan. Unfortunately, you have no say in that and you're stuck dealing with the current owner of the loan. You do have a say in how much is due in that the purchaser of your loan is bound by the documents. It might be that a prior holder of the loan was more lenient in allowing late payments, waiving late charges and penalties, etc.  It might also be that the records the loan purchaser received are incorrect. I suggest that you ask the current holder of the note (in writing and verbally) to send to you written evidence itemizing the amount you owe.  If you do not receive a satisfactory response, then report them to the Governor's Office of Consumer Protection (consumer.georgia.gov). If they're not the appropriate regulator for the holder of your loan, they'll steer you in the right direction.  Best of luck in resolving this matter and keeping your car for the right price.... Read More

I am assuming that you paid in cash or in some other form where a receipt from the dealer would be your only evidence of payment. That means that if they decide to sue you for the amount due, then it would be your word/evidence against theirs.  My concern is that your contract with the dealer or its finance company probably gives them the right to repossess the car so that you don't ever see the inside of a courtroom unless they then decide to sue you for the balance of the payments.  Because of their right to repo, you need to work with them to resolve this matter. What other evidence of payment might you have? Did you pay with a money order or some form of payment other than cash so that you can go to the provider of the instrument for evidence of them and their date even if not the recipient? Maybe they would be persuaded to look further if you could show them withdrawal slips from your bank in such amounts? It's best if you can work this out with them sooner rather than later to avoid a repossession.  If you can't do so quickly, I suggest that you reach out to the Governor's Office of Consumer Protection to get some help. Their website is  http://consumer.georgia.gov/... Read More